Save Laurel Way v. City of Redwood City

CourtCalifornia Court of Appeal
DecidedAugust 29, 2017
DocketA147942
StatusPublished

This text of Save Laurel Way v. City of Redwood City (Save Laurel Way v. City of Redwood City) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Save Laurel Way v. City of Redwood City, (Cal. Ct. App. 2017).

Opinion

Filed 8/29/17 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

SAVE LAUREL WAY, Plaintiff and Respondent, A147942 v. CITY OF REDWOOD CITY, (San Mateo County Super. Ct. No. CIV526753) Defendant and Respondent;

LAUREL WAY JOINT VENTURE, Real Party in Interest and Appellant.

Real party in interest Laurel Way Joint Venture (LWJV) appeals from the trial court’s order setting aside a planned development permit (PDP) issued by the City of Redwood City (City). LWJV represents 14 sets of owners of 18 undeveloped lots in the City who seek to build up to 16 homes on a street known as Laurel Way. Following the preparation of an environmental impact report (EIR), the City issued the PDP for a planned upgrade to Laurel Way, covering the first phase of a development project referred to as the Laurel Way Development Project (Project). The PDP includes such elements as a cul-de-sac for a fire truck turnaround, a fire hydrant, new streetlights, pedestrian pathways, an open space land dedication, and other civic improvements. It does not include any development on the individual lots. The court set aside the PDP, concluding the City had abused its discretion by failing to evaluate the legal status of the 18 lots under the Subdivision Map Act (Gov. Code, § 66410 et seq.)1 (SMA or the Act). Because issues regarding the legal status of the individual lots under the SMA are not ripe for judicial review, we now reverse. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The Project site along Laurel Way consists of approximately 4.75 acres. The site is contained in a hillside canyon and is steeply sloped. Laurel Way is currently a private, dead end street that is only partially paved. The Project includes undeveloped properties located along the unpaved end of the street.2 The subject lots on the site range in size from between approximately 7,200 to 24,525 square feet, which is similar to the lot sizes found elsewhere in the general neighborhood. The average slopes on the subject lots range from 19 percent to 41 percent. The City has divided the Project into two phases. The first phase involves improvements to the Project area, including paving the roadway, installing utilities and sewer connections as well as retaining walls, landscaping, drainage infrastructure, and planting replacement trees. The second phase involves the construction of individual residences on the lots. The second phase is not to commence until the first phase has been completed and approved by the City’s community development director. The PDP at issue in this case pertains to the first phase of the Project. On May 1, 2006, LWJV filed its first application with the City for a PDP. Seven months later, the City commenced review for an EIR.3 Between October 2007 and June

1 All further statutory references are to the Government Code except as otherwise indicated. 2 Two lots within the Project area on Laurel Way already contain houses. 3 The trial court concluded state law does not require preparation of an EIR under the circumstances presented here. However, in 1988 the City adopted a policy requiring an EIR prior to any new development on the subject portion of Laurel Way. This EIR was intended to analyze the full build-out of the street, with a goal of establishing guidelines for any future development. LWJV was formed in response to the policy requiring an area-wide EIR.

2 2009, the City planning staff held several workshops and public meetings concerning the Project. In February 2010, the City circulated a draft EIR for public review, detailing the Project’s potential environmental impacts and proposed mitigation measures. On August 24, 2010, the City’s planning commission certified a final EIR, adopting findings for mitigation measures, including a mitigation monitoring program. The EIR concluded that the Project as then proposed would have no significant environmental impact after mitigation. On September 9, 2011, LWJV withdrew its original PDP application and submitted a new application, reducing by two the proposed number of residences. In March 2013, a revised final EIR was prepared. The EIR was approved by the City’s planning commission. On April 1, 2013, the City’s planning commission adopted a resolution approving the PDP. The resolution includes 63 conditions of approval. On January 13, 2014, the City Council passed a resolution (Resolution) upholding the City planning commission’s decision to certify the EIR and modifying the commission’s approval of the PDP. The Project as approved contemplates that up to 16 new houses will be built, subject to additional permits, as well as to extensive additional conditions, and requirements.4 On February 13, 2014, respondent Save Laurel Way (SLW) filed a petition for writ of mandate and a complaint for injunctive relief asserting four causes of action for

4 The Resolution affirmed and adopted the planning commission’s resolution approving the project, which found that the Project as approved would not be detrimental or injurious “because the project has been found to be consistent with the community goals established in the City’s General Plan and Zoning Ordinance.” The Resolution also approved the planning commission’s approval of the EIR. That approval includes a finding that the Project “provides a high quality, single-family residential in-fill housing project” that supports the City’s goal of meeting its regional housing need under the housing element of its general plan.

3 (1) violation of the City’s municipal code and zoning ordinance, (2) violation of the state Planning and Zoning Law (§ 65300 et seq.), (3) violation of the SMA, and (4) violation of CEQA (Pub. Resources Code, § 21000 et seq.). On August 8, 2014, the City filed its answer to the petition and complaint.5 In its answer, it indicated its view that the “lots within the Project area are legal conforming lots created by a tentative map in 1926, which lots do not conform with the current requirements of the [Redwood City] Zoning Code [RZO], but which the Zoning Code allows to nonetheless be developed.” That same day, LWJV also filed its answer to the petition and complaint. On October 24, 2014, a court trial was held, consisting of oral argument based on the administrative record and trial briefs filed by the parties. On January 23, 2015, the trial court issued a proposed statement of decision. On February 8 and 9, 2015, petitioners and real parties filed objections to the proposed statement of decision. On November 20, 2015, the trial court issued the final statement of decision setting aside the PDP and vacating the City’s certification of the EIR. Invoking the SMA and recent cases addressing older subdivision maps, the court concluded the City had abused its discretion in approving the Project because “[t]he facts and law do not support a finding that there are 16 legal lots upon which 16 homes can be built, and do not support a finding that the property owners have a vested right to develop each of the 16 alleged lots.” LWJV has appealed. DISCUSSION Among the arguments advanced on appeal, LWJV contends that the SMA does not require a city to evaluate lot legality before granting development permits or preparing an EIR under CEQA. The contention is persuasive. Because the SMA’s

5 The City is not a party to this appeal.

4 provisions were not invoked by the City’s action in approving the PDP and the EIR, we conclude the subdivision map issues addressed by the trial court are not ripe for judicial review. I. Standard of Review “Code of Civil Procedure section 1094.5, the state’s administrative mandamus provision . . . structures the procedure for judicial review of adjudicatory decisions rendered by administrative agencies. . . .

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Bluebook (online)
Save Laurel Way v. City of Redwood City, Counsel Stack Legal Research, https://law.counselstack.com/opinion/save-laurel-way-v-city-of-redwood-city-calctapp-2017.